Civil Law Reform Bill

Lord Goodhart: To ask the Leader of the House what consultation was undertaken regarding the decision for pre-legislative scrutiny of the draft Civil Law Reform Bill to be carried out by the Justice Committee in the House of Commons rather than by a joint committee of both Houses of Parliament.

Baroness Royall of Blaisdon: I wrote to the Chairman of Committees in the Lords after the Queen's Speech in November 2009 setting out the draft Bills to be published in the current Session. That letter was put to the Lords Liaison Committee at its December meeting. There were no bids from the usual channels for a Joint Committee on this draft Bill.
	The Leader of the House of Commons at the same time wrote to the Chairman of the House of Commons Liaison Committee. After discussions, the chairman of that committee indicated that the Justice Committee would undertake pre-legislative scrutiny of the draft Civil Law Reform Bill.

Community Cohesion

Baroness Warsi: To ask Her Majesty's Government how much funding has been allocated to each Government Office to promote community cohesion in 2010-11; and what portion of that funding has been already allocated.

Lord McKenzie of Luton: No funding has been allocated directly to Government Offices in the Regions specifically for promoting community cohesion. It is for each Government Office to decide how it uses resources in pursuance of all strands of government policy in the region.

Countryside and Rights of Way Act 2000

Lord Greaves: To ask Her Majesty's Government how many (a) exclusion notices, and (b) restriction notices, have been made under Section 22 of the Countryside and Rights of Way Act 2000 in each year since the provision came into force.

Lord Davies of Oldham: The figures year by year for notices of exclusions made under Section 22 of the Countryside and Rights of Way Act 2000 are as follows:
	
		
			 2004 2005 2006 2007 2008 2009 2010 to date 
			 98 2101 2521 2249 2474 1994 174 
		
	
	There were two notices of restrictions during 2007 by entitled persons under Section 22 of the Countryside and Rights of Way Act 2000.

Countryside and Rights of Way Act 2000

Lord Greaves: To ask Her Majesty's Government how many restrictions on dogs under (a) Section 23(1), and (b) Section 23(2), of the Countryside and Rights of Way Act 2000 have been made in each year since the provisions came into force.

Lord Davies of Oldham: The figures year by year for restrictions made excluding dogs under Section 23(1) of the Countryside and Rights of Way Act 2000, at the discretion of the land owner from any land consisting of moor managed for the breeding and shooting of grouse, are as follows:
	
		
			 2004 2005 2006 2007 2008 2009 2010 to date 
			 27 163 10  2 6 3 
		
	
	The figures year by year for restrictions made excluding dogs under Section 23(2) of the Countryside and Rights of Way Act 2000, at the discretion of the land owner in connection with lambing, are as follows:
	
		
			 2004 2005 2006 2007 2008 2009 2010 to date 
			 6 2 1 nil nil nil nil

Countryside and Rights of Way Act 2000

Lord Greaves: To ask Her Majesty's Government how many directions for exclusions and restrictions under (a) Section 25 (1)(a), and (b) Section 25(1)(b), of the Countryside and Rights of Way Act 2000 have been made in each year since the provisions came into force; and how many were made for an indefinite period.

Lord Davies of Oldham: The figures year by year for directions made to exclude access for fire prevention reasons under Section 25(1)(a) of the Countryside and Rights of Way Act 2000 are as follows:
	
		
			 2004 2005 2006 2007 2008 2009 2010 to date 
			 nil 137  11 1 nil nil 
		
	
	These were all made for an indefinite period.
	The figures year by year for directions made to exclude access for public safety reasons under Section 25(1)(b) of the Countryside and Rights of Way Act 2000 are as follows:
	
		
			 2004 2005 2006 2007 2008 2009 2010 to date 
			 20 25 9 2 2 4 nil 
		
	
	Of these, five were made for an indefinite period.

Countryside and Rights of Way Act 2000

Lord Greaves: To ask Her Majesty's Government how many directions for exclusions and restrictions have been made under Section 26 of the Countryside and Rights of Way Act 2000 in each year since the provision came into force; and how many have been made for an indefinite period.

Lord Davies of Oldham: The figures year by year for directions made to exclude or restrict access for nature conservation reasons under Section 26 of the Countryside and Rights of Way Act 2000 are as follows:
	
		
			 2004 2005 2006 2007 2008 2009 2010 to date 
			 5 61 22 31 11 10 nil 
		
	
	Of these, 12 were made for an indefinite period.
	No directions have been made to exclude or restrict access for heritage preservation reasons under Section 26 of the Countryside and Rights of Way Act 2000.

Countryside and Rights of Way Act 2000

Lord Greaves: To ask Her Majesty's Government how many directions for exclusions and restrictions have been made under Section 28 of the Countryside and Rights of Way Act 2000 in each year since the provision came into force; and how many were made for an indefinite period.

Lord Davies of Oldham: The figures year by year for directions made to exclude access for defence or national security reasons under Section 28 of the Countryside and Rights of Way Act 2000 are as follows:
	
		
			 2004 2005 2006 2007 2008 2009 2010 to date 
			 15 14 nil nil nil Nil nil 
		
	
	These were all made for an indefinite period.

Crime: Burglary

Lord Laird: To ask Her Majesty's Government how many burglaries occurred in each of the past 10 years according to (a) the British Crime Survey, and (b) Police Recorded Crime Statistics.

Lord West of Spithead: The attached tables show the standard breakdowns of burglary incidents presented in Home Office statistical bulletins.
	The British Crime Survey (BCS) is the best guide to long-term trends as it has had a consistent methodology over time and includes crimes that are not reported to or recorded by the police. However, incidents as measured by the BCS are estimates based on a survey and cover only domestic burglary. Figures are provided for the number of incidents of burglary between 1999 and the 2008-09 BCS (Table 1) for all available survey years; a 42 per cent fall in the number of incidents over this period.
	Police recorded crime incidents of burglary are also provided, for every year between 1999-00 and 2008-09 (tables 2 and 3). Recorded crime figures produce whole counts of crime that are recorded by the police but are affected by changes in levels of reporting to the police, police activity and recording practices. Police recorded crime statistics were affected by the introduction of the National Crime Recording Standard in April 2002; hence it is not possible to directly compare figures prior to 2002-03 with those for later years. Recorded crime figures include burglaries that occur not only in domestic properties, but also in commercial or other properties.
	
		
			 Trends in BCS incidents of burglary from 1999 to 2008/09 
			 Numbers' (000s) with percentage change and statistical significance of change2 BCS 
			  1999 2001/02 2002/03 2003/04 2004/05 2005/06 2006/07 2007/08 2008/09 1999 to 2008/09 
			 Burglary 1,290 969 973 943 756 733 726 737 744 -42 ** 
			 With entry 767 552 561 533 469 440 425 438 452 -41 ** 
			 Attempts 523 416 412 410 287 293 301 299 292 -44 ** 
			 With loss 551 396 407 417 327 315 310 322 316 -43 ** 
			 No loss (including attempts) 739 573 566 526 429 418 417 415 428 -42 ** 
			 Unweighted base 19,357 32,720 36,395 37,826 44,973 47,610 47,027 46,765 46,252  
		
	
	1. BCS figures are survey estimates which are surrounded by a margin of error; the latest estimate is 744,000 incidents of burglary from the 2008-09 BCS, but the actual figure would lie between 680,000 and 808,000 incidents.
	2. Statistical significance of change is denoted by **
	
		
			 Table 2 Police recorded burglary 1999-00 to 2001-021 
			Number of offences 
			 Offence 1999-00 2000-01 2001-02 
			 Burglary in a dwelling 442,602 402,984 430,347 
			 Burglary in a building other than a dwelling 463,866 433,043 448,162 
			 Total burglary offences 906,468 836,027 878,509 
		
	
	1. The data in this table are prior to the introduction of the National Crime Recording Standard in April 2002. These figures are not directly comparable with those for later years.
	
		
			 Table 3 Police recorded burglary 2002-03 to 2008-091 
			Number of offences 
			 Offence 2002-03 2003-04 2004-05 2005-06 2006-07 2007-08 2008-09 
			 Burglary in a dwelling 437,583 402,345 321,507 300,517 292,260 280,694 284,427 
			 Burglary in a building other than a dwelling 452,516 417,668 358,851 344,551 329,752 302,989 297,119 
			 Total burglary offences 890,099 820,013 680,358 645,068 622,012 583,683 581,546 
		
	
	1. The data in this table take account of the introduction of the National Crime Recording Standard in April 2002. These figures are not directly comparable with those for earlier years.
	2. Includes British Transport Police.

Health: Republic of Ireland

Lord Laird: To ask Her Majesty's Government further to the Written Answer by Baroness Thornton on 8 February (WA 90), why it is for the Irish authorities to establish the entitlement of someone seeking scheduled medical treatment in the United Kingdom; and how NHS staff are advised on ascertaining whether someone seeking treatment is an Irish citizen if they do not present an E112 form.

Baroness Thornton: Under European Legislation, it is for the Irish authorities to establish whether they wish to issue an E112 form to one of their citizens for scheduled treatment anywhere in the European Economic Area, including the United Kingdom. As the competent institution, in such cases, Ireland would be liable for the cost of that treatment. The hospital providing the scheduled treatment would have been contacted in advance by the Irish authorities. An Irish citizen seeking emergency, or immediately necessary, treatment would be asked for proof of Irish residence, in the absence of which they would be charged for the treatment.

Health: Urology

Earl Howe: To ask Her Majesty's Government what responsibility they are placing on primary care trusts or National Health Service procurement hubs to ensure that tenders and product formularies for urology products do not negatively affect patient choice or the rights of patients outlined in the NHS Constitution.
	To ask Her Majesty's Government what steps they are taking to ensure that the development of local primary care trusts, tenders and product formularies for urology products does not contradict or negate the outcome of the review into Part IX of the Drug Tariff.
	To ask Her Majesty's Government what assessment they have made of the impact that local urology service tenders and locally restrictive product formularies will have on innovation in that product and treatment area.
	To ask Her Majesty's Government what legal responsibility resides with primary care trusts (PCT) and continence professionals to ensure that urology patients know they can access and choose any product listed under Part IX of the Drug Tariff, regardless of whether it is on a PCT's local product formulary.

Baroness Thornton: Any decisions to undertake local procurement activity rests with the National Health Service organisations that initiate them.
	Following the review of the supply of certain appliances for primary care, as listed in Part IX of the Drug Tariff, new arrangements were announced in April 2009 and the relevant amendment Regulations were laid on 22 December 2009. These are accompanied by directions to provide for new advanced services. There will also be changes to the Drug Tariff from 1 April 2010 to take account of associated new fees and allowances and a reduction of reimbursement prices for some appliances.
	The department is in ongoing dialogue with industry, industry trade federations, collaborative procurement hubs and primary care trusts (PCTs) over the use of local tenders and product formularies for products and services covered by Part IX of the Drug Tariff. The aim of this dialogue is to agree clear guidance for PCTs on this matter.
	The department is not aware of any ongoing local tenders for Part IX products. Any local procurement or tenders do not override the clinical judgment of the general practitioner, who is still free to prescribe products listed in Part IX of the Drug Tariff to meet the specific needs of patients.

Housing

Baroness Wilkins: To ask Her Majesty's Government what percentage of new houses built in England and Wales in (a) 2006-07, (b) 2007-08, and (c) 2008-09 comply with the provisions of Part M of the Building Regulations 2000 (SI 2000/2531), as amended.

Lord McKenzie of Luton: The information requested is not held centrally. However, there is an expectation that all new housing should meet the relevant provisions of the building regulations including part M.
	We will be shortly commencing an evaluation of part M of the building regulations which will provide an overview of the effectiveness of existing regulations and their supporting guidance.

Immigration: Deportation

Lord Hylton: To ask Her Majesty's Government how many times in each of the last two years pilots have refused to fly people due to be deported or repatriated on account of their physical or mental condition.

Lord West of Spithead: Information is recorded on the number of occasions where the carrier deemed a person to be medically unfit to fly, of which there were 36 instances in the past two calendar years.
	These figures are not provided under National Statistics protocols and have been derived from management information which is provisional and subject to change.

Immigration: Deportation

Lord Hylton: To ask Her Majesty's Government what penalties or disciplinary measures they have taken against contractors who have used excessive force on deportees; and how many complaints they have received about the use of such force.

Lord West of Spithead: We expect all those with no basis of stay in the United Kingdom to leave the country. We would prefer that they do so voluntarily, but where they fail to do so escorts are empowered legally to use reasonable force to ensure they comply with their removal. Escorts are all accredited by the UK Border Agency to exercise their powers, a condition of which is that they maintain the level of training in the use of control and restraint techniques.
	Complaints about the use of force by escorts are all subject to a rigorous investigative process by the UK Border Agency's Professional Standards Unit.
	Where a complaint is substantiated, the contractor may have performance measures levied under the terms of their contracts, and the UK Border Agency may take action against the individual. This can range from a recommendation for retraining through to accreditation being revoked.
	The UK Border Agency received 88 complaints in 2009 concerning allegations of assault by detention custody officers who work in immigration removal centres or as escorts. This figure is based on management information, is subject to change, and does not form part of our publicised statistics.
	We do not keep central records of how many of these complaints relate to the process of removal. To do so would require each file to be examined individually which would be at disproportionate cost.
	Performance measures were applied on two occasions in 2009.

Influenza

Lord Laird: To ask Her Majesty's Government further to the Written Answer by Baroness Thornton on 27 January (WA 357-8), how many deaths have been recorded from all types of influenza this winter compared to last; and what epidemiological advice they received advising against mass purchase of swine flu vaccines.

Baroness Thornton: The Health Protection Agency (HPA) uses data on deaths collected by the Office for National Statistics (ONS) to estimate the number of excess deaths during the flu (winter) season as a proxy for influenza related deaths. Other factors, for example, hypothermia, are also likely to contribute to the number of excess deaths. These figures are available at www.hpa.org.uk/hpr/archives/2009/hpr3909.pdf.
	In the 2008-09 flu season (week 39, 2008 to week 19, 2009) there were an estimated 10,351 excess deaths in England and Wales (95 per cent confidence intervals). Some of these will have had influenza as a contributory factor, but it is not possible to say what proportion. The HPA will estimate whether there have been excess deaths during 2009-10 when the data for this period are released by the ONS later in 2010.
	A short time after the start of the current pandemic, the Chief Medical Officer (CMO) for England set up a confidential investigation into pandemic H1N1 (2009) influenza related deaths in England. From this, we can ascertain with a greater degree of accuracy and with greater speed, when compared to normal measurements of seasonal influenza mortality, the number of pandemic H1N1 (2009) influenza related deaths which have occurred. As of 18 February 2010, there have been 309 pandemic H1N1 (2009) influenza related deaths in England. These figures are available in the CMO's bi-weekly bulletin found on the department's website at www. dh.gov.uk/en/Publichealth/Flu/Swineflu/DH-112078.
	The methods for calculating deaths from seasonal and swine flu are not directly comparable.
	Throughout the swine flu pandemic, the department received independent scientific advice from SAGE (Strategic Advisory Group of Experts) and JCVI (Joint Committee on Vaccination and Immunisation). There was no epidemiological advice received advising against the mass purchase of swine flu vaccines.

Infrastructure Planning (Environmental Impact Assessment) Regulations 2009

Lord Taylor of Holbeach: To ask Her Majesty's Government whether application W/09/1258 to Warwick District Council for a new marina could, if turned down by the Council, be resubmitted under description 12 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 (SI 2009/2263).

Lord McKenzie of Luton: The Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 apply to applications for development consent for nationally significant infrastructure projects as defined in the Planning Act 2008. The regulations do not apply to applications made to local planning authorities for projects below the thresholds defined in the Planning Act.

Legal Aid: Northern Ireland

Lord Laird: To ask Her Majesty's Government how much was spent on legal aid in each of the last five years in Northern Ireland; what was the budget for legal aid in those years; and whether any cases went unfunded because of a lack of resources.

Lord Bach: The costs of the legal aid fund in Northern Ireland in each of the past five years was as follows:
	
		
			  Original Allocation (£m) Final Allocation (£m) Legal Aid Expenditure (£m) 
			 2004-05 41.2 58.6 58.9 
			 2005-06 41.9 57.2 57.5 
			 2006-07 67.2 68.5 69.0 
			 2007-08 65.8 73.7 72.4 
			 2008-09 65.0 80.0 83.0 
		
	
	In each of the years the original allocation was increased through the supplementary allocations in the spending reviews. The legal aid expenditure figures reflect expenditure on actual cases including contributions and costs paid into the legal aid fund by litigants.
	No cases went unfunded due to a lack of resources.

National Identity Register

Lord Bates: To ask Her Majesty's Government whether the Secretary of State for Foreign and Commonwealth Affairs and other Ministers in the Foreign and Commonwealth Office have National Identity Cards; and, if so, on what dates they were enrolled on the National Identity Register.
	To ask Her Majesty's Government whether the Secretary of State for Northern Ireland and other Ministers in the Northern Ireland Office have National Identity Cards; and, if so, on what dates they were enrolled on the National Identity Register.
	To ask Her Majesty's Government whether the Leader of the House of Lords has a National Identity Card; and, if so, on what date she was enrolled on the National Identity Register.
	To ask Her Majesty's Government whether the Minister for the Cabinet Office has a National Identity Card; and, if so, on what date she was enrolled on the National Identity Register.
	To ask Her Majesty's Government whether the Secretary of State for Scotland and other Ministers in the Scotland Office have National Identity Cards; and, if so, on what dates they were enrolled on the National Identity Register.
	To ask Her Majesty's Government whether the Secretary of State for Wales and other Ministers in the Wales Office have National Identity Cards; and, if so, on what dates they were enrolled on the National Identity Register.

Lord West of Spithead: I refer the noble Lord to the Answer of 22 February 2010 (WA235).

Northern Ireland Office: Pay Review

Lord Laird: To ask Her Majesty's Government when the Northern Ireland Office last carried out an equal pay review; and whether they will place a copy of that review in the Library of the House.

Baroness Royall of Blaisdon: The Northern Ireland Office (NIO) completed an equal pay review in April 2009.
	The NIO will place a copy of the review in the Library of the House.

Northern Ireland Office: Taxis

Lord Laird: To ask Her Majesty's Government how much officials of the Northern Ireland Office claimed on expenses for the use of taxis in December 2009.

Baroness Royall of Blaisdon: Officials of the Northern Ireland Office claimed £1,650.02 on expenses for the use of taxis in December 2009. This total relates to claims processed during December 2009.

Northern Ireland: Bill of Rights

Lord Laird: To ask Her Majesty's Government whether the publicity material recently issued by the Northern Ireland Human Rights Commission to secure implementation of its advice on a Bill of Rights is accurate in stating that the Bill of Rights Forum recommended a Bill of Rights.

Baroness Royall of Blaisdon: The NI Human Rights Commission recently published newspaper inserts explaining its advice to Government on a Bill of Rights for Northern Ireland. The publicity material stated that the forum recommended that a Bill of Rights,
	"is needed to provide strong legal protection for human rights for all the people of Northern Ireland; should be in accordance with universal human rights standards, reflecting the particular circumstances... must be effective, realistic and implementable; must address the needs of the poorest and most marginalised... should be aspirational and look to the future".
	This refers to the five principles agreed by the Bill of Rights Forum at its second meeting on 4 April 2007. The full quotation can be found at page 7 of the Bill of Rights Forum report. Copies have been placed in the Libraries of both Houses and can be found at www.billofrightsforum.org.

Olympic Games 2012

Lord Patten: To ask Her Majesty's Government whether the system of void sealing and certifying construction work on the 2012 Olympic Park to reduce the risks from concealed devices is subject to independent verification; and whether such precautions are being carried out at all other venues involved in the Games where construction work has commenced or will commence before 2012.

Lord Davies of Oldham: The Olympic Delivery Authority (ODA) is committed to delivering a safe and secure Olympic Park and venues for the London 2012 Games. Within the venues and infrastructure that the ODA is delivering, potential voids have been identified during the design stage and, where possible, designed out. The ODA also has in place a void certification procedure and certifying regime which have been established in conjunction with the Metropolitan Police. All contractors are required to adhere to this policy, which also includes an independent assessment and verification.
	Based upon the principles of the ODA's approach, LOCOG is developing a void certification policy for the temporary venues it is responsible for. Furthermore, LOCOG-in partnership with law enforcement agencies-aims to implement these same principles during overlay development at existing venues in order to minimise the search requirement immediately prior to the Games.

Public Houses

Lord Jones of Cheltenham: To ask Her Majesty's Government what is their response to the Institute for Public Policy Research report, The social value of community pubs; and whether they plan to introduce a new class of business rate relief for centres of community life, as recommended by the report.

Lord McKenzie of Luton: The Institute for Public Policy Research report, published in March 2009, raised a number of points about community pubs. Many of these points were subsequently covered in the Government's official response to the All-Party Parliamentary Beer Group Community Pub Inquiry published in May 2009.

Railways: Franchises

Lord Bradshaw: To ask Her Majesty's Government what are the annual subsidy and premium payments which have been made to rail franchise holders since April 2009.

Lord Adonis: The Department for Transport routinely publishes details of contracted base franchise payments and receipts for individual franchises when they are let. Details are set out on our website at www.dft.gov.uk.
	Since April 2009, a number of train operating companies have been receiving revenue support payments, as per the franchise agreements. These payments have yet to be finalised for this financial year and are commercial sensitive.

Railways: West Coast Main Line

Lord Bradshaw: To ask Her Majesty's Government how much subsidy, if any, has been paid to the operator of the West Coast Main Line franchise since 2005.

Lord Adonis: The Department for Transport routinely publishes details of contracted base franchise payments and receipts for individual franchise when they are let. Details for the west coast main line franchise is set out on our website and can be found at http://www. dft.gov.uk/pgr/rail/passenger/franchises/westcoastfranchiseagreement.

Schools: Foreign Languages

Baroness Coussins: To ask Her Majesty's Government what percentage of schools in the state sector have (a) set a benchmark of between 50 per cent and 90 per cent of pupils who should continue to study a foreign language until the end of Key Stage 4, (b) set a benchmark of below 50 per cent, (c) set no benchmark at all, and (d) complied with the benchmark they set; and of those who complied, how many were in the 50 to 90 per cent category.

Baroness Morgan of Drefelin: According to a survey of a representative sample of maintained schools conducted by CILT, the National Centre for Languages, as part of the Language Trends survey 2009, the answers are as follows, expressed as proportions of the number of schools where language learning is optional at key stage 4: (a) 11.6 per cent, (b) 4.4 per cent, (c) 83.5 per cent. For (d), of those who had set a benchmark, 30 per cent reported an entry level for languages GCSEs equal to or greater than their benchmark, and of that group, 75 per cent were in the 50 to 90 per cent category.
	Twenty-four per cent of maintained schools in the survey reported that languages were compulsory in their school.

Travel: Fraudulent Documents

Baroness Warsi: To ask Her Majesty's Government how many people were (a) arrested, and (b) convicted for travelling using fraudulent documents in the past 12 months.

Lord West of Spithead: The arrests collection held by the Home Office covers arrests for recorded crime (notifiable offences) only, broken down at a main offence group level, covering categories such as violence against the person and robbery.
	From these centrally reported data it is not possible to separately identify specific offences from within these offence groups.
	Statistics on persons proceeded against for offences under the Immigration Acts 1971 to 2006 in England and Wales by offence description are provided by the Ministry of Justice and are published annually. Information for 2004 to 2008 has been published in table 3.4 of the Control of Immigration: Statistics, United Kingdom-2008 publication which are available from the Library of the House and from the Home Office's Research, Development and Statistics website at http://www.homeoffice.gov.uk/rds/immigration-asylum-stats.html.